Protecting the Vulnerable: Rajasthan's Fight for Police Accountability.


03 March 2025 Administrative Law >> Constitution & Law Procedure  

A recent legal proceeding of Suman Meena & Ors. Vs State of Rajasthan Through Public Prosecutor & Other in Rajasthan has brought to the forefront the critical issue of police accountability and the implementation of directives issued by the Supreme Court in the landmark Prakash Singh & Ors. Vs. Union of India & Ors. case (2006). The matter, initially listed in the ‘To be mentioned’ category, has highlighted the ongoing struggle to establish effective mechanisms for addressing public grievances against police inaction and misconduct.

Background and Initial Judgment:

The core issue stemmed from concerns regarding the delay and non-consideration of petitions seeking protection for unmarried and married couples, as well as other individuals. A judgment dated August 2, 2024, addressed these contentions, emphasizing the accountability of police authorities and directing compliance with the Prakash Singh guidelines. This judgment mandated the constitution of a Police Complaints Authority, outlining a detailed procedural flowchart for aggrieved parties to seek redressal.

 

 

The August 2nd judgement stipulated a clear multi-step process for individuals seeking police protection:

Representation to Nodal Officer: Individuals fearing threats can initially file a representation with a designated Nodal Officer.
Interim Protection and Decision: The Nodal Officer must provide interim protection, if necessary, and decide on the representation within seven days.
Appeal to Superintendent of Police: Aggrieved parties can appeal to the Superintendent of Police, who must decide within three days.
Complaint to Police Complaints Authority: If dissatisfied, a complaint can be filed with the appropriate level of the Police Complaints Authority.
High Court Intervention: Only after exhausting these remedies can individuals approach the High Court under Article 226 of the Constitution.

The court further directed the State Government to promulgate a Standard Operating Procedure (SoP) and establish the Police Complaints Authority within one month.

Compliance and Subsequent Developments:

While the State Government issued an SoP on September 5, 2024, the constitution of the Police Complaints Authority faced hurdles. The Advocate General cited a pending Public Interest Litigation (PIL) at the Principal Seat in Jodhpur, Sanyam Lodha Vs. State of Rajasthan & Ors. (DB (PIL) No. 1447/2022), as a reason for delaying the creation of the Authority. Additionally, the enactment of new criminal laws, including the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), was presented as a factor that already addresses citizen’s rights.

Amicus Curiae Submissions and Court Observations:

To assist the court, Senior Counsel V. R. Bajwa was appointed as amicus curiae. He highlighted the following key points:
  • The State had established ‘Accountability Committees’ instead of the mandated Police Complaints Authority, deviating from the Prakash Singh directives.
  • This deviation diluted the purpose of the Supreme Court's directives, failing to address public grievances effectively.
  • The lack of statistics on the existing accountability committee, and the high number of related petitions being filed, demonstrated the ineffectiveness of the current system.
  • The Division Bench of the Court had previously emphasized the need for a Police Complaints Authority.
  • The Advocate General argued that existing mechanisms, such as the Human Rights Commission, Lokayukts, and provisions under the BNSS, provide sufficient redressal.
The Court acknowledged the amicus curiae's efforts and recognized the ongoing PIL in Jodhpur. To avoid parallel proceedings, the Court directed the Registrar (Judicial) to forward the August 2, 2024, judgment and the amicus curiae's submissions to the Division Bench handling the PIL. The matter has now been directed to be placed before the competent Division Bench at the Principal Seat, Jodhpur.

Implications and Future Outlook:

This case underscores the persistent challenges in ensuring police accountability in India. The Court's decision to refer the matter to the Division Bench handling the pending PIL reflects a cautious approach to avoid conflicting judgments. However, it also highlights the urgent need for a comprehensive resolution to the issue of establishing an effective Police Complaints Authority in Rajasthan, in line with the Supreme Court’s directions. The development of this case will be important for citizens seeking to have their grievances addressed.